Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
We also recall, that the new Constitution, which is before us in the
“conventions” named in the Seventh Article, is to be both a _national_
Constitution, constituting government of men, and a _federal_
Constitution, constituting government of states. And we recall that
only one of the present Articles in that proposed Constitution, the
First Article, constitutes government of men by granting government
power to interfere with individual freedom. And we recall, with
Hamilton in the Convention beside us, the probability that all
future Articles in that dual Constitution, will probably be of the
_federal_ or the declaratory kind which the existing ability of state
legislatures can make.
And so we understand why Madison and Hamilton, in their Fifth Article,
mention that existing ability of the state legislatures to make
Articles which do not relate to interference with individual freedom,
as well as they mention our own exclusive ability, the ability of the
“conventions” of the American people, to make Articles which do relate
to interference with individual freedom.
And, sitting in those conventions with the “people better acquainted
with the science of government than any other people in the world,”
when we read the language of the Fifth Article, it is impossible for us
to make the monumental error of assuming that the mention of the two
existing abilities adds anything to one or subtracts anything from the
other.
And so, with our minds in those “conventions” free from any possibility
of such monumental error, we now read and clearly understand the
most important words in the _constitutional_ mode of procedure for
existing powers, which we know as the Fifth Article. To none of the
Americans in those conventions is there any doubt, to no American,
who understands what America is, can there ever be any doubt, what
_are_ the most important words. They are the words “in three fourths
thereof” immediately following the words which name the very kind of
“conventions” in which we sit. These words, “by conventions in three
fourths thereof,” bring home to us the marvel of what our “conventions”
are doing.
In them sit the people of America, possessors of the supreme will in
America, assembled in their respective states, as free men and not
as the citizens of the particular state in which each convention of
Americans assembles.
Public-domain text, read in full here on John Shaqi.
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